Legal Opinion

West Coast Truck Lines, Inc., and Delta Traffic Service, Inc. v. Weyerhaeuser Co. Marine Lumber Co.

Court of Appeals for the Ninth Circuit

Decided August 30, 1990No. 89-35115, 89-35121 and 89-35167PublishedCited by 3 opinions

1Opinion of the Court

ORDER AND OPINION

ALARCON, Circuit Judge:

The petition for rehearing is GRANTED. The opinion filed January 4, 1990 is withdrawn.

In West Coast Truck Lines, Inc. v. Weyerhaeuser, 893 F.2d 1016 (9th Cir.1990), we determined that an unreasonable practices defense could be asserted to prevent application of the filed rate doctrine in an action to collect motor common carrier undercharges. Based upon this conclusion, we affirmed the district court’s order granting summary judgment in favor of Weyerhaeuser Co. and Marine Lumber Co.

In Maislin Industries v. Primary Steel, Inc., — U.S. -, 110 S.Ct. 2759,…

2Cases cited3 opinions

  1. Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
  2. West Coast Truck Lines, Inc., and Delta Traffic Service, Inc. v. Weyerhaeuser Co. Marine Lumber Co.Court of Appeals for the Ninth Circuit · 1990
  3. Delta Traffic Service, Inc. v. Marine Lumber Co.District Court, D. Oregon · 1989

3Cited by3 opinions

  1. Atlantis Express, Inc. v. Standard Transportation Services, Inc.Court of Appeals for the Eighth Circuit · 1992
  2. Milne Truck Lines, Inc. v. Makita U.S.A., Inc.Court of Appeals for the Ninth Circuit · 1992
  3. Milne Truck Lines, Inc. v. Makita U.S.A., Inc.Court of Appeals for the Ninth Circuit · 1992

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